The claim relates to two incidents in Yagoona in September 2010 and September last year when Mr Houda was going to, or coming home, from prayers at the Regents Park mosque.

It is the third time Mr Houda has taken the NSW Police to court.

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The first case followed an altercation between Mr Houda and officers at Burwood Local Court in 2000. A Supreme Court judge later awarded him $145,000 and described his treatment by police as "shocking". The second was settled on a confidential basis but it is believed he was awarded hundreds of thousands of dollars.

The latest statement of claim, which will be heard in the NSW Supreme Court tomorrow, is expected to state he was unlawfully arrested and falsely imprisoned after being stopped by police in Buist St, Yagoona about 8pm on September 16, 2010. At the time he was returning home from evening prayers.

An officer told him he was a suspect in a robbery but the claim will state that Mr Houda was "lawfully going about his business" and that police could not have reasonably suspected he had committed any offence.

The Supreme Court claim will state that Mr Houda was made to sit in the gutter before being pushed and shoved and having his arms twisted and handcuffed. He was then put in the back of a police vehicle and taken to Bankstown police station where he was put in a cell.

Mr Houda's lawyers are also seeking damages for allegedly defamatory comments by Assistant Commissioner, Frank Mennilli, which were published two days after the first incident.

Asked for comment on Friday, Mr Houda told The Sun-Herald: "We don't live in a police state. However, some police carry on as if we do. This case is about defending my basic human right to walk down a public street without fear of police illegally interfering with my life."